R-88-1163 - 9/8/1988ATTEST:
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JO$ NE LAND, City Secretary
C3ORESALBEE
RESOLUTION NO. /
WHEREAS, Bill Albee Builders, Inc., as Plaintiff, filed suit
against the City of Round Rock seeking money damages in excess of
$950,000.00, and
WHEREAS, Bill Albee Builders, Inc. has agreed to accept
$7,500.00 as full and complete settlement, and
WHEREAS, the City wishes to settle the suit to avoid further
litigation expenses, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
That the City agrees to pay $7,500.00 in full and complete
settlement of the said suit and the Mayor is hereby authorized and
directed to execute the necessary documents to settle the litigation.
RESOLVED this 8th day of September, 1988.
MIKE ROBINSON, Mayor
City of Round Rock, Texas
STATE OF TEXAS
COUNTY OF WILLIAMSON
G7RELEASE
MUTUAL RELEASE
KNOW ALL MEN BY THESE PRESENTS:
THAT THIS AGREEMENT OF RELEASE, made this day of September,
1988, by and between Bill Albee Builders, Inc., William G. Albee, Jr.
and the City of Round Rock, Texas, is to witness the following:
WHEREAS, Bill Albee Builders, Inc. as plaintiff instituted a
certain lawsuit, being Cause Number 86- 139 -C, styled Bill Albee
Builders, Inc. vs. the City of Round Rock, Texas and by such suit,
sought money damages from the City for damaging real property and for
inverse condemnation, and
WHEREAS, the parties understand and agree that the claims
asserted are doubtful and in dispute and have settled such disputes
by compromise to avoid further litigation expense, attorney's fees,
and to buy peace, and
WHEREAS, the City agrees to pay the sum of $7,500.00 which sum
Bill Albee Builders, Inc. agrees to accept as full and complete
payment, NOW THEREFORE
In consideration of the premises and the mutual promises and
covenants herein contained, and for other good and reasonable
consideration, the receipt of which is acknowledged, each of the
parties above named, for his predecessors, successors, assigns,
heirs, executors, administracors, employees, and legal
representatives, releases and forever discharges the other, and his
predecessors, successors, assigns, heirs, executors, administrators,
employees, and legal representatives, of and from any and all claims,
demands, damages, actions, causes of action, or suits in equity, of
whatsoever kind or nature whether heretofore or hereafter occuring or
whether now known or not known to the parties, for or because of any
matter or thing done, omitted, or suffered to be done by either of
such parties prior to and including the date hereof and in any way
directly or indirectly arising out of the purchase and attempted
development of that certain real estate described as:
ATTEST:
Lots 1 through 14, Parkway Terrace, an addition in
Williamson County, Texas, according to the map or
plat thereof recorded in Cabinet A, Slide 286,
Plat Records of Williamson County, Texas.
Each party hereto acknowledges that he has read and understands
the effect of the above and foregoing mutual release, and executes
same of his own free will and accord for the purposes and
considerations set forth.
EXECUTED this day of September, 1988.
Joanne Land, City Secretary
Bill Albee Builders, Inc.
By:
William G. Albee, Jr., President
William G. Albee, Jr.,
Individually
City of Round Rock, Texas
By:
Mike Robinson, Mayor
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